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Ind. Code § 3-12-6-19

Impoundment of election materials by court; recount commission orders; copying election materials

Applied in 2 court decisions — leading case STATE ON REL. CRAWFORD v. Del. Cir. Ct. (1995)

Most recently applied in State ex rel. Crawford v. Delaware Circuit Court (September 1995)

As added by P.L.5-1986, SEC.8

Sec. 19. (a) A court ordering a recount under this chapter shall by order impound and provide for the protection of the following:

(1) All ballots and electronic voting systems used at the election for casting votes in the precincts.

(2) All tally sheets relating to the votes cast for nomination or election to the office.

(3) All poll lists of persons registered by the poll clerks as having voted for nomination or election to the office.

(b) An order issued by the state recount commission under IC 3-12-10 supersedes an order issued by a court under this section to the extent that the orders conflict. The state recount commission shall assist a court acting under this section to the extent that the ability of the state recount commission to preserve the integrity of election records or equipment is not hindered.

(c) An impoundment order issued under subsection (a) may not prevent a circuit court clerk or board of registration from copying election material other than ballots if the clerk or board copies the material under the supervision of a person designated by the court.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.